GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 1011
Committee Substitute Favorable 5/8/13
Short Title: Government Reorg. and Efficiency Act. |
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Sponsors: |
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Referred to: |
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May 8, 2013
A BILL TO BE ENTITLED
AN ACT establishing the government reduction and efficiency act of 2013.
The General Assembly of North Carolina enacts:
PART I. ELIMINATION OF CERTAIN STATE BOARDS AND COMMISSIONS THAT HAVE NOT MET RECENTLY, ARE DUPLICATIVE, OR ARE NOT DEEMED CRITICAL to government operations
lottery oversight commission
SECTION 1.1.(a) G.S. 18C-172 is repealed.
SECTION 1.1.(b) G.S. 18C-115 reads as rewritten:
"§ 18C-115. Reports.
The Commission shall send quarterly and annual reports on the
operations of the Commission to the Governor, State Treasurer, the Lottery
Oversight Committee, and to the General Assembly. The reports shall include
complete statements of lottery revenues, prize disbursements, expenses, net
revenues, and all other financial transactions involving lottery funds,
including the occurrence of any audit."
small business contractor authority
SECTION 1.2. Part 20 of Article 10 of Chapter 143B of the General Statutes, G.S. 143B-472.100 through G.S. 143B-472.112, is repealed.
committee on dropout prevention
SECTION 1.3. Article 6B of Chapter 115C of the General Statutes, G.S. 115C-64.6 through G.S. 115C-64.9, is repealed.
state education commission established in chapter 116c of the general statutes
SECTION 1.4.(a) G.S. 116C-1 reads as rewritten:
"§ 116C-1. Education Cabinet created.
…
(c) The Education Cabinet shall be a nonvoting body that:
(1) Works to resolve issues between existing providers of education.
(2) Sets
the agenda for the State Education Commission.
(3) Develops a strategic design for a continuum of education programs, in accordance with G.S. 116C-3.
(4) Studies other issues referred to it by the Governor or the General Assembly.
…."
SECTION 1.4.(b) G.S. 116C-2 is repealed.
state education commission established in article 26 of chapter 143 of the general statutes
SECTION 1.5. Article 26 of Chapter 143 of the General Statutes, G.S. 143-261 through G.S. 143-266, is repealed.
national heritage area designation commission
SECTION 1.6. Section 18.10 of S.L. 2001-491 reads as rewritten:
"SECTION 18.10. Notwithstanding G.S. 158-8.1, the Western North Carolina Regional Economic Development Commission shall develop a regional heritage tourism plan and shall present the plan to the 2002 Regular Session of the 2001 General Assembly no later than May 1, 2002. The National Heritage Area Designation Commission created pursuant to Section 18.4 of this act shall terminate July 1, 2013."
governor's management council
SECTION 1.7. Part 24 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B-426.22, is repealed.
center for nursing
SECTION 1.8. G.S. 90-171.71 and G.S. 90-171.72 are repealed.
board of correction
SECTION 1.9.(a) G.S. 143B-711 reads as rewritten:
"§ 143B-711. Division of Adult Correction of the Department of Public Safety - organization.
The Division of Adult Correction of the Department of Public
Safety shall be organized initially to include the Post-Release Supervision and
Parole Commission, the Board of Correction, the Section of Prisons of
the Division of Adult Correction, the Section of Community Corrections, the
Section of Alcoholism and Chemical Dependency Treatment Programs, and such
other divisions as may be established under the provisions of the Executive
Organization Act of 1973."
SECTION 1.9.(b) G.S. 143B-715 is repealed.
Board of Public Telecommunications Commissioners of the North carolina agency for public telecommunications
SECTION 1.10.(a) Part 22 of Article 9 of Chapter 143B of the General Statutes is repealed.
SECTION 1.10.(b) G.S. 120-123(4) is repealed.
Board of Directors of the Certification Entity for the Phase II Settlement Funds
SECTION 1.11. Board of Directors of the Certification Entity for Phase II Settlement Funds, established pursuant to S.L. 1999-333, is abolished.
ELIMINATION OF CERTAIN STATE BOARDS, COMMITTEES, AND COMMISSIONS THAT HAVE MET STATUTORY REQUIREMENTS
SECTION 1.12.(a) The Public Funding of Council of State Elections Commission established by Section 26 of S.L. 2010-169 is terminated.
SECTION 1.12.(b) The Legislative Commission on Global Climate Change established by Section 11 of S.L. 2005-442, as amended by S.L. 2006-73, S.L. 2008-81, S.L. 2009-306, and S.L. 2011-266, is terminated.
SECTION 1.12.(c) The Arts Education Commission established by S.L. 2011-301 is terminated.
north carolina sustainable local food advisory council
SECTION 1.13.(a) Section 4 of S.L. 2009-530, as rewritten by S.L. 2012-75, reads as rewritten:
"SECTION 4. This act is effective when it becomes
law and shall expire on July 31, 2015.July 1, 2013."
SECTION 1.13.(b) The Department of Agriculture and North Carolina's land grant universities shall continue to collaborate on promoting local food production and consumption in North Carolina.
PART II. REORGANIZATION OF VARIOUS BOARDS AND COMMISSIONS
Coastal Resources Commission
SECTION 2.1.(a) G.S. 113A-104 reads as rewritten:
"§ 113A-104. Coastal Resources Commission.
(a) Established. - The General Assembly hereby establishes within the Department of Environment and Natural Resources a commission to be designated the Coastal Resources Commission.
(b) Composition.
- The Coastal Resources Commission shall consist of 15 members appointed by the
Governor, as follows:
(1) One
who shall at the time of appointment be actively connected with or have
experience in commercial fishing.
(2) One
who shall at the time of appointment be actively connected with or have
experience in wildlife or sports fishing.
(3) One
who shall at the time of appointment be actively connected with or have
experience in marine ecology.
(4) One
who shall at the time of appointment be actively connected with or have
experience in coastal agriculture.
(5) One
who shall at the time of appointment be actively connected with or have
experience in coastal forestry.
(6) One
who shall at the time of appointment be actively connected with or have
experience in coastal land development.
(7) One who
shall at the time of appointment be actively connected with or have experience
in marine-related business (other than fishing and wildlife).
(8) One
who shall at the time of appointment be actively connected with or have
experience in engineering in the coastal area.
(9) One
who shall at the time of appointment be actively associated with a State or
national conservation organization.
(10) One who shall at
the time of appointment be actively connected with or have experience in
financing of coastal land development.
(11) Two who shall at
the time of appointment be actively connected with or have experience in local
government within the coastal area.
(12) Three at-large
members.
(b1) Composition. - The Coastal Resources Commission shall consist of 13 members as follows:
(1) One appointed by the Governor who shall at the time of appointment be a coastal property owner or experienced in land development.
(2) One appointed by the Governor who shall at the time of appointment be a coastal property owner or experienced in land development.
(3) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in engineering in the coastal area or a marine-related science.
(4) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in engineering in the coastal area or a marine-related science.
(5) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in coastal-related business.
(6) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in local government within the coastal area.
(7) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in coastal agriculture.
(8) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in commercial fishing.
(9) One appointed by the Governor who shall at the time of appointment be actively connected with or have experience in coastal forestry.
(10) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall at the time of appointment be actively connected with or have experience in sports fishing.
(11) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall serve at large.
(12) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall at the time of appointment be actively connected with or have experience in wildlife.
(13) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall serve at large.
(c) Appointment of Members. - The term "appointing authority" appearing anywhere in this section means the Governor in the case of members appointed by the Governor and means the General Assembly in the case of members appointed by the General Assembly. Appointments to the Commission shall be made to provide knowledge and experience in a diverse range of coastal interests. The members of the Commission shall serve and act on the Commission solely for the best interests of the public and public trust, and shall bring their particular knowledge and experience to the Commission for that end alone. Counties and cities in the coastal area may designate and transmit to the appointing authorities no later than May 1 of each even-numbered year qualified persons in the categories set out in subsection (b1) of this section corresponding to the Commission positions to be filled that year.
The Governor shall appoint in his sole discretion those
members of the Commission whose qualifications are described in subdivisions
(6) and (10), and one of the three members described in subdivision (12) of
subsection (b) of this section.
The remaining members of the Commission shall be appointed
by the Governor after completion of the nominating procedures prescribed by
subsection (d) of this section.
(c1) The members of the
Commission whose qualifications are described in subdivisions (1) through
(5), (9), and (11),(3), (6), (7), (8), (9), (11), and (12) of subsection
(b1) of this section shall be persons who do not derive any significant
portion of their income from land development, construction, real estate sales,
or lobbying and do not otherwise serve as agents for development-related
business activities. The Governor shall require adequate disclosure of
potential conflicts of interest by these members. The Governor, by
executive order, shall promulgate criteria regarding conflicts of interest and
disclosure thereof for determining the eligibility of persons under this section.subsection.
(c2) All members of the Commission are covered persons for the purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As covered persons, members of the Commission shall comply with the applicable requirements of the State Government Ethics Act, including mandatory training, the public disclosure of economic interests, and ethical standards for covered persons. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest.
(d) Nominations
for Membership. - On or before May 1 in every even-numbered year the Governor
shall designate and transmit to the board of commissioners in each county in
the coastal area four nominating categories applicable to that county for that
year. Said nominating categories shall be selected by the Governor from among
the categories represented, respectively by subdivisions (1), (2), (3), (4),
(5), (7), (8), (9), (11) - two persons, and (12) - two persons, of subsection
(b) of this section (or so many of the above-listed paragraphs as may
correspond to vacancies by expiration of term that are subject to being filled
in that year). On or before June 1 in every even-numbered year the board of
commissioners of each county in the coastal area shall nominate (and transmit
to the Governor the names of) one qualified person in each of the four
nominating categories that was designated by the Governor for that county for
that year. In designating nominating categories from biennium to biennium, the
Governor shall equitably rotate said categories among the several counties of
the coastal area as in his judgment he deems best; and he shall assign, as near
as may be, an even number of nominees to each nominating category and shall
assign in his best judgment any excess above such even number of nominees. On
or before June 1 in every even-numbered year the governing body of each
incorporated city within the coastal area shall nominate and transmit to the
Governor the name of one person as a nominee to the Commission. In making
nominations, the boards of county commissioners and city governing bodies shall
give due consideration to the nomination of women and minorities. The Governor
shall appoint 12 persons from among said city and county nominees to the
Commission. The several boards of county commissioners and city governing
bodies shall transmit the names, addresses, and a brief summary of the
qualifications of their nominees to the Governor on or before June 1 in each
even-numbered year, beginning in 1974; provided, that the Governor, by
registered or certified mail, shall notify the chairman or the mayors of the
said local governing boards by May 20 in each such even-numbered year of the
duties of local governing boards under this sentence. If any board of
commissioners or city governing body fails to transmit its list of nominations
to the Governor by June 1, the Governor may add to the nominations a list of
qualified nominees in lieu of those that were not transmitted by the board of
commissioners or city governing body; Provided however, the Governor may not
add to the list a nominee in lieu of one not transmitted by an incorporated
city within the coastal area that neither has a population of 2,000 or more nor
is contiguous with the Atlantic Ocean. Within the meaning of this section, the
"governing body" is the mayor and council of a city as defined in
G.S. 160A-66. The population of cities shall be determined according to
the most recent annual estimates of population as certified to the Secretary of
Revenue by the Secretary of Administration.
(e) Residential Geographic
Qualifications. - All nominees of the several boards of county
commissioners and city governing bodies must reside within the coastal area,
but need not reside in the county from which they were nominated. No
more than one of those members appointed by the Governor from among said
nominees may reside in a particular county. No more than two members of the
entire Commission, at any time, may reside in a particular county. No more than
two members of the entire Commission, at any time, may reside outside the
coastal area.All members of the Commission must be residents of North
Carolina and reside or own real property in the coastal area.
(f) Office May Be Held Concurrently with Others. - Membership on the Coastal Resources Commission is hereby declared to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1.
(g) Terms. - The
members shall serve staggered terms of office of four years. At the expiration
of each member's term, the Governor appointing authority shall
reappoint or replace the member with a new member of like qualification (asas
specified in subsection (b)(b1) of this section), in the
manner provided by subsections (c) and (d) of this section. The initial term
shall be determined by the Governor in accordance with customary practice but
eight of the initial members shall be appointed for two years and seven for
four years.section.
(h) Vacancies. - In
the event of a vacancy arising otherwise than by expiration of term, the Governor
appointing authority shall appoint a successor of like qualification
(asas specified in subsection (b)(b1) of this section)section
who shall then serve the remainder of his predecessor's term. When any such
vacancy arises, the Governor shall immediately notify the board of
commissioners of each county in the coastal area and the governing body of each
incorporated city within the coastal area. Within 30 days after receipt of such
notification each such county board and city governing body shall nominate and
transmit to the Governor the name and address of one person who is qualified in
the category represented by the position to be filled, together with a brief
summary of the qualifications of the nominee. The Governor shall make the
appointment from among said city and county nominees. If any county board or
city governing body fails to make a timely transmittal of its nominee, the
Governor may add to the nominations a qualified person in lieu of said nominee;
Provided however, the Governor may not add to the list a nominee in lieu of one
not transmitted by an incorporated city within the coastal area that neither
has a population of 2,000 or more nor is contiguous with the Atlantic Ocean.
(i) Officers.
- The chairman shall be designated by the Governor from among the members of
the Commission to serve as chairman at the pleasure of the Governor. The vice-chairman
shall be elected by and from the members of the Commission and shall serve for
a term of two years or until the expiration of his the vice-chairman's
regularly appointed term.
(j) Compensation. - The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(k) In
making appointments to and filling vacancies upon the Commission, the Governor
shall give due consideration to securing appropriate representation of women
and minorities.
(l) Attendance. - Regular attendance at Commission meetings is a duty of each member. The Commission shall develop procedures for declaring any seat on the Commission to be vacant upon failure by a member to perform this duty.
(m) Quorum. - A majority of the Commission shall constitute a quorum."
SECTION 2.1.(b) Transition of Membership of the Coastal Resources Commission. -
(a) Except as otherwise provided in this section, the terms of all members of the Coastal Resources Commission serving on January 1, 2013, shall expire June 30, 2013. A new Commission of 13 members shall be appointed in the manner provided by G.S. 113A-104(b1), as enacted by Section 2.1(a) of this act, and this section. Members appointed in the manner provided by G.S. 113A-104(b1), as enacted by Section 2.1(a) of this act, shall be appointed no later than July 1, 2013. Furthermore:
(1) The member serving pursuant to G.S. 113A-104(b)(1) on January 1, 2013, shall continue to serve pursuant to G.S. 113A-104(b1)(8), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(2) The member serving pursuant to G.S. 113A-104(b)(2) on January 1, 2013, shall continue to serve pursuant to G.S. 113A-104(b1)(10), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(3) The member serving pursuant to G.S. 113A-104(b)(11) on January 1, 2013, whose term would otherwise expire on June 30, 2014, shall continue to serve pursuant to G.S. 113A-104(b1)(6), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(4) The member serving pursuant to G.S. 113A-104(b)(5) on January 1, 2013, whose term would otherwise expire on June 30, 2014, shall continue to serve pursuant to G.S. 113A-104(b1)(9), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(b) Members of the Commission whose qualifications are described by subdivisions (1), (3), (5), (7), (11), and (13) of G.S. 113A-104(b1), as enacted by Section 2.1(a) of this act, shall be appointed for an initial term of two years, and subsequent appointments shall be for four-year terms thereafter. Members of the Commission whose qualifications are described by subdivisions (2), (4), (6), (8), (9), (10), and (12) of G.S. 113A-104(b1), as enacted by Section 2.1(a) of this act, shall be appointed for an initial term of one year, and subsequent appointments shall be for four-year terms thereafter. Initial terms shall expire on June 30 of the year of expiration.
Coastal Resources advisory council
SECTION 2.2. G.S. 113A-105 reads as rewritten:
"§ 113A-105. Coastal Resources Advisory Council.
(a) Creation. - There is hereby created and established a council to be known as the Coastal Resources Advisory Council.
(b) Membership
and Terms. - The Coastal Resources Advisory Council shall consist of not
more than 45 20 members appointed or designated as follows:
(1) Two
individuals designated by the Secretary from among the employees of the
Department;
(1a) The Secretary of
Commerce or person designated by the Secretary of Commerce;
(2) The
Secretary of Administration or person designated by the Secretary of
Administration;
(3) The
Secretary of Transportation or person designated by the Secretary of
Transportation; and one additional member selected by the Secretary of
Transportation from the Department of Transportation;
(4) The
State Health Director or the person designated by the State Health Director;
(5) The
Commissioner of Agriculture or person designated by the Commissioner of
Agriculture;
(6) The
Secretary of Cultural Resources or person designated by the Secretary of
Cultural Resources;
(7) One
member from each of the four multi-county planning districts of the coastal
area to be appointed by the lead regional agency of each district;
(8) One
representative from each of the counties in the coastal area to be designated
by the respective boards of county commissioners;
(9) No
more than eight additional members representative of cities in the coastal area
and to be designated by the Commission;
(10) Three members
selected by the Commission who are marine scientists or technologists;
(11) One member who is
a local health director selected by the Commission upon the recommendation of
the Secretary.
by the Coastal Resources Commission. All members of the Council must be residents of North Carolina and reside or own real property in the coastal area. Counties and cities in the coastal area may nominate candidates for consideration by the Commission. The terms of all Council members serving on the Council on January 1, 2013, shall expire on June 30, 2013. A new Council shall be appointed in the manner provided by this subsection with terms beginning on July 1, 2013, and expiring on June 30, 2015. Members may be reappointed at the discretion of the Commission, provided that one-half of the membership at the beginning of any two-year term are residents of counties in the coastal area.
(c) Functions and Duties. - The Advisory Council shall assist the Secretary and the Secretary of Administration in an advisory capacity:
(1) On matters which may be submitted to it by either of them or by the Commission, including technical questions relating to the development of rules, and
(2) On such other matters arising under this Article as the Council considers appropriate.
(d) Multiple Offices. - Membership on the Coastal Resources Advisory Council is hereby declared to be an office that may be held concurrently with other elective or appointive offices (except the office of Commission member) in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1.
(e) Chairman and Vice-Chairman. - A chairman and vice-chairman shall be elected annually by the Council.
(f) Compensation. - The members of the Advisory Council who are not State employees shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5."
Environmental management commission
SECTION 2.3.(a) G.S. 143B-283 reads as rewritten:
"§ 143B-283. Environmental Management Commission - members; selection; removal; compensation; quorum; services.
(a) The
Environmental Management Commission shall consist of 13 members appointed by
the Governor. The Governor shall select the members so that the membership of
the Commission shall consist of:
(1) One
who shall be a licensed physician with specialized training and experience in
the health effects of environmental pollution;
(2) One
who shall, at the time of appointment, be actively connected with the
Commission for Public Health or local board of health or have experience in
health sciences;
(3) One
who shall, at the time of appointment, be actively connected with or have had
experience in agriculture;
(4) One
who shall, at the time of appointment, be a registered engineer with
specialized training and experience in water supply or water or air pollution
control;
(5) One
who shall, at the time of appointment, be actively connected with or have had
experience in the fish and wildlife conservation activities of the State;
(6) One
who shall, at the time of appointment, have special training and scientific
expertise in hydrogeology or groundwater hydrology;
(7) Three
members interested in water and air pollution control, appointed from the
public at large;
(8) One
who shall, at the time of appointment, be actively employed by, or recently
retired from, an industrial manufacturing facility and knowledgeable in the
field of industrial air and water pollution control;
(9) One
who shall, at the time of appointment, be actively connected with or have had
experience in pollution control problems of municipal or county government;
(10) One who shall, at
the time of appointment, have special training and scientific expertise in air
pollution control and the effects of air pollution; and
(11) One who shall, at
the time of appointment, have special training and scientific expertise in
freshwater, estuarine, marine biological, or ecological sciences.
(a1) The Environmental Management Commission shall consist of 15 members as follows:
(1) One appointed by the Governor who shall be a licensed physician.
(2) One appointed by the Governor who shall at the time of appointment have special training or scientific expertise in hydrology, water pollution control, or the effects of water pollution.
(3) One appointed by the Governor who shall at the time of appointment have special training or scientific expertise in hydrology, water pollution control, or the effects of water pollution.
(4) One appointed by the Governor who shall at the time of appointment have special training or scientific expertise in air pollution control or the effects of air pollution.
(5) One appointed by the Governor who shall at the time of appointment be actively connected with or have had experience in agriculture.
(6) One appointed by the Governor who shall at the time of appointment have special training and scientific expertise in freshwater, estuarine, marine biological, or ecological sciences or be actively connected with or have had experience in the fish and wildlife conservation activities of the State.
(7) One appointed by the Governor who shall at the time of appointment be actively employed by, or recently retired from, an industrial manufacturing facility and shall be knowledgeable in the field of industrial pollution control.
(8) One appointed by the Governor who shall at the time of appointment be a licensed engineer with specialized training and experience in water supply or water or air pollution control.
(9) One appointed by the Governor who shall serve at large.
(10) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall serve at large.
(11) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall serve at large.
(12) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall serve at large.
(13) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall serve at large.
(14) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall serve at large.
(15) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall serve at large.
(b) Members
appointed by the Governor shall serve terms of office of six years. Any
appointment to fill a vacancy on the Commission created by the resignation,
dismissal, death or disability of a member shall be for the balance of the
unexpired term. The Governor may reappoint a member of the Commission to an
additional term if, at the time of the reappointment, the member qualifies for
membership on the Commission under subdivisions (1) through (9) of
subsection (a)(a1) of this section. Appointments by the
General Assembly shall be made in accordance with G.S. 120-121, and
vacancies in those appointments shall be filled in accordance with
G.S. 120-122.
(b1) The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.
(b2) The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(b3) A majority of the Commission shall constitute a quorum for the transaction of business.
(b4) All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources.
(c) Nine of the
members appointed by the Governor under this section shall be persons who do
not derive any significant portion of their income from persons subject to
permits or enforcement orders under this Chapter. The Governor shall
require adequate disclosure of potential conflicts of interest by members. The
Governor, by executive order, shall promulgate criteria regarding conflicts of
interest and disclosure thereof for determining the eligibility of persons
under this section,subsection, giving due regard to the
requirements of federal legislation, and for this purpose may promulgate rules,
regulations or guidelines in conformance with those established by any federal
agency interpreting and applying provisions of federal law.
(c1) All members of the Commission are covered persons for the purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As covered persons, members of the Commission shall comply with the applicable requirements of the State Government Ethics Act, including mandatory training, the public disclosure of economic interests, and ethical standards for covered persons. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest.
(d) In
addition to the members designated by subsection (a) of this section, the
General Assembly shall appoint six members, three upon the recommendation of
the Speaker of the House of Representatives, and three upon the recommendation
of the President Pro Tempore of the Senate. Appointments by the General
Assembly shall be made in accordance with G.S. 120-121, and vacancies in
those appointments shall be filled in accordance with G.S. 120-122.
Members appointed by the General Assembly shall serve terms of two years.
(e) Members of the Commission shall serve terms of four years."
SECTION 2.3.(b) Transition of Membership of the Environmental Management Commission. -
(a) The terms of all members of the Environmental Management Commission serving on January 1, 2013, shall expire June 30, 2013. A new Commission of 15 members shall be appointed in the manner provided by G.S. 143B-283(a1), as enacted by Section 2.3(a) of this act, and this section.
(b) Members of the Commission whose qualifications are described by subdivisions (3), (5), (7), (8), (9), (11), (13), and (15) of G.S. 143B-283(a1), as enacted by Section 2.3(a) of this act, shall be appointed for an initial term of two years and subsequent appointments shall be for four-year terms thereafter. Members of the Commission whose qualifications are described by subdivisions (1), (2), (4), (6), (10), (12), and (14) of G.S. 143B-283(a1), as enacted by Section 2.3(a) of this act, shall be appointed for an initial term of four years and subsequent appointments shall be for four-year terms thereafter. Initial terms shall expire on June 30 of the year of expiration.
(c) Members of the Commission appointed to any other State board or commission as a representative of the Commission shall no longer serve as a member of those boards or commissions after this section becomes law, and a new Commission representative shall be appointed as provided by law.
Industrial commission
SECTION 2.4.(a) Effective July 1, 2013, G.S. 97-77 reads as rewritten:
"§ 97-77.
North Carolina Industrial Commission created; members appointed by Governor;
terms of office; chairman.chair.
(a) There is hereby
created a commission to be known as the North Carolina Industrial Commission,
consisting of six commissioners who shall devote their entire time to the
duties of the Commission. The Governor shall appoint the members of the
Commission for terms of sixfour years. The terms shall be
staggered. Three commissioners shall be persons who, on account of their
previous vocations, employment or affiliations, can be classed as
representatives of employers. Three commissioners shall be persons who, on
account of their previous vocations, employment or affiliations, can be classed
as representatives of employees. No person may serve more than two terms on the
Commission, including any term served prior to the effective date of this
section. In calculating the number of terms served, a partial term that is less
than three years in length shall not be included.
(a1) Appointments of commissioners are subject to confirmation by the General Assembly by joint resolution. The names of commissioners to be appointed by the Governor shall be submitted by the Governor to the General Assembly for confirmation by the General Assembly on or before March 1 of the year of expiration of the term. If the Governor fails to timely submit nominations, the General Assembly shall appoint to fill the succeeding term upon the joint recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives in accordance with G.S. 120-121 not inconsistent with this section.
In case of death, incapacity, resignation, or any other vacancy in the office of any commissioner prior to the expiration of the term of office, a nomination to fill the vacancy for the remainder of the unexpired term shall be submitted by the Governor within four weeks after the vacancy arises to the General Assembly for confirmation by the General Assembly. If the Governor fails to timely nominate a person to fill the vacancy, the General Assembly shall appoint a person to fill the remainder of the unexpired term upon the joint recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives in accordance with G.S. 120-121 not inconsistent with this section. If a vacancy arises or exists pursuant to this subsection when the General Assembly is not in session, and the appointment is deemed urgent by the Governor, the commissioner may be appointed and serve on an interim basis pending confirmation by the General Assembly. For the purpose of this subsection, the General Assembly is not in session only (i) prior to convening of the Regular Session, (ii) during any adjournment of the Regular Session for more than 10 days, and (iii) after sine die adjournment of the Regular Session.
No person while in office as a commissioner may be nominated or appointed on an interim basis to fill the remainder of an unexpired term, or to a full term that commences prior to the expiration of the term that the commissioner is serving.
(b) One member, to
be designated by the Governor, shall act as chairman. chair. The chairman
chair shall be the chief judicial officer and the chief executive
officer of the Industrial Commission; such authority shall be exercised
pursuant to the provisions of Chapter 126 of the General Statutes and the rules
and policies of the State Personnel Commission. Notwithstanding the provisions
of this Chapter, the chairman chair shall have such authority as
is necessary to direct and oversee the Commission. The chairman chair
may delegate any duties and responsibilities as may be necessary to ensure
the proper management of the Industrial Commission. Notwithstanding the
provisions of this Chapter, Chapter 143A, and Chapter 143B of the General
Statutes, the chairman chair may hire or fire personnel and
transfer personnel within the Industrial Commission.
The Governor may designate one vice-chairman vice-chair
from the remaining commissioners. The vice-chairman vice-chair shall
assume the powers of the chairman chair upon request of the chairman
chair or when the chairman chair is absent for 24
hours or more. The authority delegated to the vice-chairman vice-chair
shall be relinquished immediately upon the return of the chairman chair
or at the request of the chairman.chair.
(c) The Commission shall adopt by majority vote bylaws to govern the conduct of its business. A quorum of the Commission consists of a simple majority of the membership."
SECTION 2.4.(b) The terms of the Industrial Commission members serving terms established by Section 22 of S.L. 2011-287 shall terminate on June 30, 2013. The Governor shall appoint new members subject to confirmation by the General Assembly. The terms of the six new members of the Industrial Commission shall be staggered as follows:
(1) Two to serve terms beginning July 1, 2013, and expiring June 30, 2015, with subsequent appointments to those positions serving four-year terms.
(2) Two to serve terms beginning July 1, 2013, and expiring June 30, 2016, with subsequent appointments to those positions serving four-year terms.
(3) Two to serve terms beginning July 1, 2013, and expiring June 30, 2017, with subsequent appointments to those positions serving four-year terms.
SECTION 2.4.(c) Effective July 1, 2013, Section 22 of S.L. 2011-287 is repealed.
Wildlife resources commission
SECTION 2.6.(a) Effective July 1, 2013, G.S. 143-241 reads as rewritten:
"§ 143-241. Appointment and terms of office of Commission members; filling of vacancies.
The members of the North Carolina Wildlife Resources Commission shall be appointed as follows:
The Governor shall appoint one member each from the first,
fourth, and seventh wildlife districts to serve six-year terms;four-year
terms;
The Governor shall appoint one member each from the second,
fifth, and eighth wildlife districts to serve two-yearfour-year
terms;
The Governor shall appoint one member each from the third,
sixth, and ninth wildlife districts to serve four-year terms;terms.
The Governor shall also appoint two at-large members to
serve four-year terms.
The General Assembly shall appoint eight10
members of the Commission to serve two-year terms, fourfive upon
the recommendation of the Speaker of the House, fourand five upon
the recommendation of the President Pro Tempore of the Senate, in accordance
with G.S. 120-121. Of the members appointed upon the recommendation of
the Speaker of the House and upon the recommendation of the President Pro
Tempore of the Senate, at least one of each shall be a member of the political
party to which the largest minority of the members of the General Assembly
belongs.
The terms of all appointed members serving on the
Commission as of January 1, 2013, shall terminate on June 30, 2013. The members
initially appointed by the Governor from even-numbered districts shall be
appointed for two-year terms, and those from odd-numbered districts shall be
initially appointed to four-year terms. Thereafter as the terms of the
office of the members of the Commission appointed by the Governor from the
several wildlife districts expire, their successors shall be appointed for
terms of six four years each. As the terms of office of the
members of the Commission appointed by the General Assembly expire, their
successors shall be appointed for terms of two years each. All members
appointed by the Governor serve at the pleasure of the Governor that appointed
them and they may be removed by that Governor at any time. A successor to the
appointing Governor may remove a Commission member only for cause as provided
in G.S. 143B-13. Members appointed by the General Assembly serve at the
pleasure of that body and may be removed by law at any time. In the event that
a Commission member is removed, the member appointed to replace the removed
member shall serve only for the unexpired term of the removed member."
SECTION 2.6.(b) G.S. 143-243 reads as rewritten:
"§ 143-243. Organization of the Commission; election of officers; Robert's Rules of Order.
The Commission shall hold at least two meetings annually, one
in January and one in July, and sevena majority of the members of
the Commission shall constitute a quorum for the transaction of business.
Additional meetings may be held at such other times within the State as may be
deemed necessary for the efficient transaction of the business of the
Commission. The Commission may hold additional or special meetings at any time
at the call of the chairman or on call of any five members of the Commission.
The Commission shall determine its own organization and methods of procedure in
accordance with the provisions of this Article, and shall have an official
seal, which shall be judicially noticed.
At the first scheduled meeting of the Commission after July 1, 1977, and on July 1 of each odd-numbered year thereafter, the Commission shall select from among its membership a chairman and a vice-chairman who shall serve for terms of two years or until their successors are elected and qualified. The Secretary of Environment and Natural Resources or his designee shall serve as secretary of the Commission.
The chairman shall guide and coordinate the official actions and official activities of the Commission in fulfilling its program responsibility for (i) the appointment and separation of the executive director of the Commission, (ii) organizing the personnel of the Commission, (iii) setting the statewide policy of the Commission, (iv) budgeting and planning the use of the Wildlife and Motorboat Funds, subject to the approval of the General Assembly, (v) holding public hearings, and (vi) adopting rules as authorized by law. The chairman shall report to and advise the Governor on the official actions and work of the Commission and on all wildlife conservation and boating safety matters that affect the interest of the people of the State.
Meetings of the Commission shall be conducted pursuant to Robert's Rules of Order."
NORTH CAROLINA TURNPIKE AUTHORITY
SECTION 2.7. G.S. 136-89.182 reads as rewritten:
"§ 136-89.182. North Carolina Turnpike Authority.
(a) Creation. - There is created a body politic and corporate to be known as the "North Carolina Turnpike Authority". The Authority is constituted as a public agency, and the exercise by the Authority of the powers conferred by this Article in the construction, operation, and maintenance of toll roads and bridges shall be deemed and held to be the performance of an essential governmental function.
(b) Administrative Placement. - The Authority shall be located within the Department of Transportation and shall be subject to and under the direct supervision of the Secretary of Transportation.
(c) Authority
Board. - The Board of Transportation is ex officio the Authority Board of
the North Carolina Turnpike Authority.The North Carolina Turnpike
Authority shall be governed by a nine-member Authority Board consisting of two
members appointed by the General Assembly upon the recommendation of the
President Pro Tempore of the Senate in accordance with G.S. 120-121, two
members appointed by the General Assembly upon the recommendation of the
Speaker of the House of Representatives in accordance with G.S. 120-121,
four members appointed by the Governor, and the Secretary of Transportation.
Each appointing authority shall appoint members who reside in diverse regions
of the State. The Chair of the Authority shall be selected by the Authority
Board.
(d) Board of Transportation Members. - Members of the North Carolina Board of Transportation may serve as members of the Authority Board.
(e) Staggered
Terms. - One of the initial appointments to the Authority Board by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate,
one of the initial appointments to the Authority Board by the General Assembly
upon the recommendation of the Speaker of the House of Representatives, and
three of the initial appointments of the Governor shall be appointed to terms
ending January 14, 2007. One of the initial appointments to the Authority Board
by the General Assembly upon the recommendation of the President Pro Tempore of
the Senate, one of the initial appointments to the Authority Board by the
General Assembly upon the recommendation of the Speaker of the House of
Representatives, and one of the initial appointments of the Governor shall be
appointed to terms ending January 14, 2005. The Secretary of Transportation
shall serve as an ex officio voting member of the Board. Thereafter, at the
expiration of each stipulated term of office, all appointments shall be to a
term of four years from the date of the expiration of the term.
(f) Vacancies.
- All members of the Authority Board shall remain in office until their
successors are appointed and qualified. The original appointing authority may
appoint a member to serve out the unexpired term of any member.
(g) Removal
of Board Members. - Each member of the Authority Board, notwithstanding
subsection (e) of this section, shall serve at the pleasure of the appointing
authority. The Chair of the Authority serves at the pleasure of the Authority
Board.
(h) Conflicts
of Interest, Ethics. - Members of the Authority Board shall be subject to the
provisions of G.S. 136-13, 136-13.1, and 136-14.
(i)
Compensation. - The appointed members of the Authority Board shall
receive no salary for their services but shall be entitled to receive per diem
and travel allowances in accordance with the provisions of G.S. 138-5 and
G.S. 138-6 as appropriate.
(j) Bylaws. - The Authority Board shall adopt, change, or amend bylaws with respect to the calling of meetings, quorums, voting procedures, the keeping of records, and other organizational, staffing, and administrative matters as the Authority Board may determine. Any bylaws, or subsequent changes or amendments to the bylaws, shall be included in the Annual Report as required by G.S. 136-89.193.
(k) Executive
Director and Administrative Employees. - The Authority Board shallappoint an
Executive Director, whose salary shall be fixed by the Authority, to serve at
its pleasure.The Secretary of Transportation, or the Secretary's
designee, The Executive Director shall be the Authority's chief
administrative officer and shall be responsible for the daily administration of
the toll roads and bridges constructed, maintained, or operated pursuant to
this Article. The Secretary, or the Secretary's designee, The
Executive Director or his designeeshall appoint, employ, dismiss, and,
within the limits approved by the Authority Board, fix the compensation of
administrative employees as the Executive Director deems necessary to carry out
this Article.
(l) Office. - The offices of the Authority may be housed in one or more facilities of the Department of Transportation."
State board of education
SECTION 2.11. G.S. 115C-11(a) and (h) read as rewritten:
"§ 115C-11. Organization and internal procedures of Board.
(a) Presiding
Officer. - The Governor shall appoint a chairman from among the membership
of the State Board of Education. The chairman shall serve in that role at the
pleasure of the Governor. The State Board of Education shall elect from its
membership a chairman and vice-chairman. A majority of the Board shall
constitute a quorum for the transaction of business. Per diem and expenses of
the appointive members of the Board shall be provided by the General Assembly.
The chairman of the Board shall preside at all meetings of the Board. In the
absence of the chairman, the vice-chairman shall preside; in the absence of
both the chairman and the vice-chairman, the Board shall name one of its own
members as chairman pro tempore.
…
(h) Rules and
Regulations. - The Board shall adopt reasonable rules and regulations not
inconsistent herewith, to govern its proceedings which the Board may amend from
time to time, which rules and regulations shall become effective when filed as
provided by law: Provided, however, a motion to suspend the rules so adopted
shall require a consent of two-thirds of the members. The rules and regulations
shall include, but not be limited to, clearly defined procedures for electing
the officers vice-chairman and chairman pro tempore of the State
Board referred to in G.S. 115C-11(a), fixing the term of said officers,
the vice-chairman, specifying how the voting shall be carried out,
and establishing a date when the first election shall be held."
North Carolina State Lottery Commission
SECTION 2.12.(a) G.S. 18C-111 reads as rewritten:
"§ 18C-111. Commission membership; appointment; selection of chair; vacancies; removal; meetings; compensation.
(a) The Commission shall consist of nine members, five of whom shall be appointed by the Governor, two of whom shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and two of whom shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. Commissioners may be removed by the appointing authority for cause. The Governor shall select the chair of the Commission from among its membership, who shall serve at the pleasure of the Governor.
(b) The terms of
all members serving on the Commission as of January 1, 2013, shall terminate on
the effective date of this section. No later than July 1, 2013, Of the
initial appointees of the Governor,the Governor shall appoint five
members to serve terms of four years. three members shall serve a term
of one year, one member shall serve a term of two years, and one member shall
serve a term of three years. Of the initial appointees of theNo later
than July 1, 2013, the General AssemblyAssembly, upon the
recommendation of the President Pro Tempore of the Senate, one member shall
serve a term of two years, and one member shall serve a term of three years. shall
appoint two members to serve terms of two years. Subsequent appointments shall
be for terms of four years. Of the initial appointees of No later
than July 1, 2013, the General Assembly upon the recommendation of the
Speaker of the House of Representatives, one member shall serve a term of
two years, and one member serve a term of three years. shall appoint two
members to serve terms of two years. Subsequent appointments shall be for terms
of four years. Initial terms shall expire on June 30 of the year of expiration.
All succeeding appointments shall be for terms of five four
years. Members shall not serve for more than two successive terms.
(c) Vacancies shall be filled by the appointing authority for the unexpired portion of the term in which they occur.
(d) The Commission shall meet at least quarterly upon the call of the chair. A majority of the total membership of the Commission shall constitute a quorum.
(e) Members of the Commission shall receive per diem, subsistence, and travel as provided in G.S. 138-5 and G.S. 138-6."
SECTION 2.12.(b) This section is effective when this act becomes law.
Charter School Advisory Committee
SECTION 2.13.(a) G.S. 115C-238.29I(d) is repealed.
SECTION 2.13.(b) The North Carolina Charter School Advisory Council, as established by the State Board of Education on August 4, 2011, by Policy TCS-B-006, is abolished.
SECTION 2.13.(c) This section is effective when this act becomes law.
BOARD OF TRANSPORTATION
SECTION 2.14.(a) G.S. 143B-350(b)(1) reads as rewritten:
"(1) Number, appointment. -
The Board of Transportation shall have 1921 voting members.
Fourteen of the members shall be division members appointed by the Governor.
Five shall be at-large members appointed by the Governor. One shall be an at-large
member appointed by the General Assembly upon recommendation of the President
Pro Tempore of the Senate, and one shall be an at-large member appointed by the
General Assembly upon recommendation of the Speaker of the House of
Representatives. At least three members of the Board appointed by the
Governor shall be registered voters of a political party other than the
political party of the Governor. The Secretary of Transportation shall serve as
an ex officio nonvoting member of the Board. No more than two members of the
Board appointed by the Governor may reside in the same highway
division."
SECTION 2.14.(b) G.S. 143B-350(c) reads as rewritten:
"(c) Staggered Terms.
- The terms of all Board members serving on the Board prior to January 15,
2001, shall expire on January 14, 2001. A new board of 19 members shall be
appointed with terms beginning on January 15, 2001. The Board shall
serve the following terms: division members representing divisions 1, 3, 5, 7,
9, 11, and 13 and the three at-large members filling the positions designated
in sub-subdivisions (b)(3)a., b., and e. of this section shall serve four-year
terms beginning on January 15, 2001, and four-year terms thereafter; and
division members representing divisions 2, 4, 6, 8, 10, 12, and 14 and the two
at-large members filling the positions designated in sub-subdivisions (b)(3)c.
and d. of this section shall serve two-year terms beginning January 15, 2001,
and four-year terms thereafter.The terms of members shall be for four
years beginning January 15, 2013, and quadrennially thereafter, except that the
terms of at-large members appointed by the General Assembly shall be for two
years beginning on January 15, 2013, and biennially thereafter."
SECTION 2.14.(c) The terms of the nine members of the Board of Transportation previously appointed for terms expiring January 14, 2015, expire upon appointment of their replacements as provided in this section. The Governor shall designate for each of the nine new appointments which member is being replaced.
Dietetics/nutrition board
SECTION 2.15.(a) G.S. 90-353 reads as rewritten:
"§ 90-353. Creation of Board.
(a) The North
Carolina Board of Dietetics/Nutrition is created. The Board shall consist of seven
five members as follows:
(1) One member shall be a professional whose primary practice is clinical dietetics/nutrition;
(2) One member shall
be a professional whose primary practice is community or public health dietetics/nutrition;dietetics/nutrition
or an educator on the faculty of a college or university specializing in the
field of dietetics/nutrition;
(3) One
member shall be a professional whose primary practice is consulting in
dietetics/nutrition;
(4)(3) One member shall be a
professional whose primary practice is in management of nutritional services;
(5) One
member shall be an educator on the faculty of a college or university
specializing in the field of dietetics/nutrition;
(6)(4) Two members shall represent
the public at large.
(b) Professional members of the Board shall:
(1) Be citizens of the United States and residents of this State;
(2) Have practiced in the field of dietetics/nutrition for at least five years; and
(3) Be licensed
under this Article, except that initial appointees shall be licensed under
this Article no later than March 31, 1992.Article.
(c) The members of the Board appointed from the public at large shall be citizens of the United States and residents of this State and shall not be any of the following:
(1) A dietician/nutritionist.
(2) An agent or employee of a person engaged in the profession of dietetics/nutrition.
(3) A licensed health care professional or enrolled in a program to become prepared to be a licensed health care professional.
(4) An agent or employee of a health care institution, a health care insurer, or a health care professional school.
(5) A member of any allied health profession or enrolled in a program to become prepared to be a member of an allied health profession.
(6) The spouse of an individual who may not serve as a public member of the Board."
SECTION 2.15.(b) G.S. 90-354(a) reads as rewritten:
"(a) The members of the Board shall be appointed as follows:
(1) The Governor
shall appoint the three professional member members described
in G.S. 90-353(a)(5) and the two public members described in
G.S. 90-353(a)(6);G.S. 90-353(a);
(2) The General
Assembly upon the recommendation of the Speaker of the House of Representatives
shall appoint the professional members one member representing the
public described in G.S. 90-353(a)(1) and G.S. 90-353(a)(2)in
accordance with G.S. 120-121, one of whom shall be a nutritionist with
a masters or higher degree in a nutrition-related discipline;G.S. 120-121;
and
(3) The General
Assembly upon the recommendation of the President Pro Tempore of the Senate
shall appoint one member representing the public the professional
members described in G.S. 90-353(a)(3) and G.S. 90-353(a)(4)in
accordance with G.S. 120-121, one of whom shall be a nutritionist with
a masters or higher degree in a nutrition-related discipline.G.S. 120-121.
(b) The terms of all members of the Board serving on January 1, 2013, shall expire June 30, 2013. Members of the Board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of three years and until their successors are appointed and qualified."
SECTION 2.15.(c) This section becomes effective July 1, 2013.
OFFICE OF ADMINISTRATIVE HEARINGS
SECTION 2.18.(a) G.S. 7A-753 reads as rewritten:
"§ 7A-753. Additional administrative law judges; appointment; specialization.
The Chief Administrative Law Judge shall appoint additional administrative law judges to serve in the Office of Administrative Hearings in such numbers as the General Assembly provides. Each administrative law judge appointed under this section shall serve a term of four years. No person shall be appointed or designated an administrative law judge except as provided in this Article.
The Chief Administrative Law Judge may designate certain administrative law judges as having the experience and expertise to preside at specific types of contested cases and assign only these designated administrative law judges to preside at those cases."
SECTION 2.18.(b) G.S. 7A-760(a) reads as rewritten:
"(a) The number of administrative law judges and employees of the Office of Administrative Hearings shall be established by the General Assembly. The Chief Administrative Law Judge is exempt from provisions of the State Personnel Act as provided by G.S. 126-5(c1)(26). Administrative law judges appointed in accordance with G.S. 7A-753 are exempt from the provisions of the State Personnel Act. All other employees of the Office of Administrative Hearings are subject to the State Personnel Act."
SECTION 2.18.(c) Section 2.18(a) is effective when it becomes law and applies to any administrative law judge appointed on or after the effective date of this act. Section 2.18(b) is effective when it becomes law and applies to any administrative law judge serving on or after the effective date of this act.
PART III. Effective Date
SECTION 3.1. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 3.2. Unless otherwise provided, this act is effective when it becomes law. If the terms of office eliminated in this act have not been set out, then the appointing authorities shall determine by July 1, 2013, which terms to eliminate to achieve the membership totals pursuant to this act. After determining which terms to eliminate, the appointing authority shall notify in writing all the persons and entities required to receive notification pursuant to G.S. 143-47.7.